03/11/2014 08:00 AM House STATE AFFAIRS

           HB 235-CONFIDENTIALITY OF APOC COMPLAINTS                                                                        
                                                                                                                                
9:30:42 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the final order of  business was HOUSE                                                               
BILL  NO.  235,  "An  Act requiring  the  Alaska  Public  Offices                                                               
Commission   to   maintain   the   confidentiality   of   certain                                                               
proceedings, documents, and information."                                                                                       
                                                                                                                                
9:31:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   235,  Version  28-LS1130\N,  Bullard,                                                               
2/5/14, as  a work draft.   There  being no objection,  Version N                                                               
was before the committee.                                                                                                       
                                                                                                                                
9:31:18 AM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 9:31 a.m. to 9:32 a.m.                                                                       
                                                                                                                                
9:31:56 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HIGGINS,  Alaska   State  Legislature,  as  prime                                                               
sponsor, presented HB 235.  He  said his mother taught him that a                                                               
person's  "name" is  the most  important thing,  and he  said the                                                               
proposed  legislation  would  protect a  person's  name,  without                                                               
taking  away  any  authority  from   the  Alaska  Public  Offices                                                               
Commission (APOC).   He explained  that under HB 235,  APOC would                                                               
be required not to make  public a complaint against someone until                                                               
the commission has done its  due diligence in determining whether                                                               
the  complaint was  valid.   He indicated  that APOC  was already                                                               
supposed to do that.                                                                                                            
                                                                                                                                
9:33:34 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN posed  a scenario in which a person  files a complaint                                                               
against a  candidate, and  he asked the  bill sponsor  to confirm                                                               
that  under  HB  235,  the   complaint  would  have  to  be  kept                                                               
confidential if  it was unfounded,  but if it  was found to  be a                                                               
legitimate complaint,  then it would  become public,  even before                                                               
the election date.                                                                                                              
                                                                                                                                
REPRESENTATIVE HIGGINS  confirmed that is  correct.  He  said the                                                               
bill has basically "taken away special interest groups."                                                                        
                                                                                                                                
CHAIR  LYNN asked  Representative  Higgins to  confirm  if he  is                                                               
talking  about the  complaints  from  political special  interest                                                               
groups.                                                                                                                         
                                                                                                                                
REPRESENTATIVE HIGGINS said that is correct.                                                                                    
                                                                                                                                
CHAIR LYNN offered his understanding  that the Legislative Ethics                                                               
Committee and APOC are two  separate entities, and a person could                                                               
be  found  guilty  under  one  but  not  the  other;  however,  a                                                               
complaint  under the  Legislative  Ethics Committee  can be  kept                                                               
confidential at the expressed wish of the defendant.                                                                            
                                                                                                                                
REPRESENTATIVE   HIGGINS  offered   his  understanding   that  is                                                               
correct.                                                                                                                        
                                                                                                                                
9:35:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER  opined that  HB 235  is a  good bill.   He                                                               
observed  that throughout  the bill  is language  specifying that                                                               
the "trigger" is  when APOC determines that a  violation has been                                                               
made.  He said he would like to know what criteria APOC uses.                                                                   
                                                                                                                                
9:36:07 AM                                                                                                                    
                                                                                                                                
THOMAS STUDLER, Staff, Representative  Pete Higgins, Alaska State                                                               
Legislature,  answered  questions  on  behalf  of  Representative                                                               
Higgins,  primer  sponsor.   He  stated  that  the  determination                                                               
process is left to APOC;  therefore he deferred to [the executive                                                               
director of] APOC to answer the question.                                                                                       
                                                                                                                                
CHAIR LYNN ventured  that the complexity of a  case may determine                                                               
the length of an investigation.                                                                                                 
                                                                                                                                
REPRESENTATIVE HIGGINS responded that's correct.                                                                                
                                                                                                                                
9:36:36 AM                                                                                                                    
                                                                                                                                
PAUL  DAUPHINAIS,  Executive   Director,  Alaska  Public  Offices                                                               
Commission (APOC),  Department of Administration  (DOA), prefaced                                                               
his  response to  Representative Keller's  question by  outlining                                                               
APOC's  complaint  process.   He  listed  the  seven  appropriate                                                               
technical  aspects   for  which   APOC  checks  on   a  submitted                                                               
complaint:   full  name of  complainant; name  of person  against                                                               
whom  the complaint  is being  filed; the  statute or  regulation                                                               
allegedly being violated; a clear  and concise description of the                                                               
fact,  which  if true  would  be  a violation;  the  complainants                                                               
knowledge  of the  facts; any  relevant documentation;  and proof                                                               
that  the complaint  and the  documents have  been served  on the                                                               
person who  is being  accused of  wrong-doing.   He said  if APOC                                                               
staff accepts the complaint, letters  are sent to the complainant                                                               
and the respondent, and the  respondent may reply within 15 days.                                                               
An  investigation is  carried out  and a  staff report  completed                                                               
within 30  days of acceptance of  a complaint.  The  staff report                                                               
is  published,  and the  respondent  may  respond to  the  report                                                               
within 15  days.   The commission  has a  hearing, and  the order                                                               
from the  commission is produced  within 10 days of  the hearing.                                                               
Mr. Dauphinais stated that under  APOC's current process, all the                                                               
documents  are public.    He  said when  APOC  staff  takes on  a                                                               
complaint, it  is not  a decision maker  in these  processes, but                                                               
makes   a  recommendation   to  the   commission  based   on  the                                                               
investigation that has been held.   He said under HB 235, nothing                                                               
would be public until the commission makes a decision.                                                                          
                                                                                                                                
                                                                                                                                
9:39:10 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN asked  Mr.  Dauphinais to  confirm  that currently  a                                                               
complaint made to APOC would be made public.                                                                                    
                                                                                                                                
MR. DAUPHINAIS answered  that it would be a public  document.  He                                                               
added, "We do not do press releases or anything like that."                                                                     
                                                                                                                                
CHAIR LYNN  recollected he had  seen press releases in  the past,                                                               
but ventured they had been made after the decision.                                                                             
                                                                                                                                
MR.  DAUPHINAIS  offered his  recollection  that  the only  press                                                               
release he  has done was  an advertisement for the  public member                                                               
of the commission.                                                                                                              
                                                                                                                                
9:39:51 AM                                                                                                                    
                                                                                                                                
MR.  STUDLER said  APOC does  not make  press releases,  which he                                                               
opined is appropriate;  however, he said the second  APOC makes a                                                               
document public, it is the media that spreads the word.                                                                         
                                                                                                                                
9:40:26 AM                                                                                                                    
                                                                                                                                
MR.  DAUPHINAIS, in  response  to Chair  Lynn,  confirmed that  a                                                               
complaint hearing goes on the  commission's meeting agenda.  When                                                               
it receives  a complaint and accepts  it, because it is  a public                                                               
document, APOC  is required to  have it  available.  He  said the                                                               
media  frequently checks  APOC's web  site to  see what  has been                                                               
posted recently.   In response  to a follow-up question,  he said                                                               
the complaint number goes on the  agenda, as well as the names of                                                               
the parties -  complainant and respondent.   When the information                                                               
is made public, it is the entire document that is made public.                                                                  
                                                                                                                                
9:42:10 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  asked Mr.  Dauphinais if  he held  a position  on the                                                               
proposed legislation.                                                                                                           
                                                                                                                                
MR.   DAUPHINAIS   explained   he  was   experiencing   technical                                                               
difficulties, wherein  he could see  the committee but  could not                                                               
hear the question.                                                                                                              
                                                                                                                                
9:42:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  how  the current  complaint                                                               
processes of APOC and the  Select Committee on Legislative Ethics                                                               
differ.                                                                                                                         
                                                                                                                                
MR. STUDLER  answer that  currently a complaint  to APOC  is made                                                               
public, before  it has  been heard; under  HB 235,  the complaint                                                               
would remain confidential until proven valid.                                                                                   
                                                                                                                                
REPRESENTATIVE  HIGGINS explained  that the  proposed legislation                                                               
would  also set  up a  consequence  to leaking  information:   If                                                               
someone  made  the  information public,  without  the  commission                                                               
having  done  its due  diligence,  then  the complaint  would  be                                                               
dismissed.  He expressed hope  that such a consequence would keep                                                               
accusations from being spread before they had been proven.                                                                      
                                                                                                                                
CHAIR LYNN remarked that some  complaints are valid, while others                                                               
are part of "political game playing."                                                                                           
                                                                                                                                
REPRESENTATIVE HIGGINS  said the intent  of the bill is  to allow                                                               
APOC do its job.                                                                                                                
                                                                                                                                
9:44:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked, "So,  if this  bill passes,                                                               
will  the  APOC  complaint  process and  the  Legislative  Select                                                               
Committee   on  Ethics   complaint  process   [be]  substantively                                                               
different [in] any way?"                                                                                                        
                                                                                                                                
REPRESENTATIVE HIGGINS answered, "No, I don't believe so."                                                                      
                                                                                                                                
9:45:16 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES offered her  understanding that when a case                                                               
comes before  APOC, that  meeting is  public, but  the commission                                                               
refers to  the two parties  as complainant and  respondent rather                                                               
than using  names.   She said she  thinks the  Legislative Select                                                               
Committee on  Ethics hold a  closed meeting so that  the parties'                                                               
names can be used.                                                                                                              
                                                                                                                                
9:45:57 AM                                                                                                                    
                                                                                                                                
MR. STUDLER  offered his understanding  that APOC's  meetings are                                                               
public, but  deferred to  Mr. Dauphinais  to answer  the question                                                               
about names.                                                                                                                    
                                                                                                                                
9:46:15 AM                                                                                                                    
                                                                                                                                
MR. DAUPHINAIS reiterated that APOC's  current process is to hold                                                               
an open meeting,  and it uses people's names  during the hearing.                                                               
He said those  involved testify in person or  telephonically.  He                                                               
offered his  understanding that under  HB 235, the  meeting would                                                               
be closed  and APOC's documents  would be held confidential.   He                                                               
said he  does not know  what the Legislative Select  Committee on                                                               
Ethics does.                                                                                                                    
                                                                                                                                
9:46:53 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN remarked  that  APOC  follows the  rules  set by  the                                                               
legislature, and  the Legislative  Select Committee on  Ethics is                                                               
"under  regulation,   which  we   are  considering  here."     He                                                               
reiterated his understanding that a  person could be found guilty                                                               
under one but not the other.                                                                                                    
                                                                                                                                
9:47:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute (CS), Version 28-LS1130\N,  Bullard, 2/5/14, as a work                                                               
draft.   There  being  no  objection, Version  N  was before  the                                                               
committee.                                                                                                                      
                                                                                                                                
9:47:39 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
9:47:50 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ISAACSON thanked the  sponsor for bringing forward                                                               
HB 235.   He proffered  that it  would take "gamesmanship  out of                                                               
the process that's intended," while  offering protection to those                                                               
until  proven  guilty.    He offered  his  understanding  of  Mr.                                                               
Dauphinais' testimony was that the  proposed legislation would be                                                               
"completely doable by the department."                                                                                          
                                                                                                                                
9:48:49 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER moved to report CSHB 235, Version 28-                                                                     
LS1130\N,  Bullard,  2/5/14,  out of  committee  with  individual                                                               
recommendations  and the  accompanying zero  fiscal note.   There                                                               
being no objection,  CSHB 235(STA) was reported out  of the House                                                               
State Affairs Standing Committee.